Acceptable Use Policy (AUP)

v.2026.2

tendypos.com/legal/acceptable-uselegal@tendypos.com

This Acceptable Use Policy (“Policy”) forms part of, and is incorporated by reference into, the Tendy Master Subscription Agreement located at tendypos.com/legal/msa-v2026-2 (the “Agreement”). It applies to the Merchant and all Users and supplements — and does not replace — the licence restrictions in Section 2.2 of the Agreement. Capitalized terms have the meaning given in the Agreement. Tendy may update this Policy on thirty (30) days’ notice in accordance with Section 18.1 of the Agreement.

1. Prohibited Uses of the Products

The Merchant and its Users must not, and must not permit any third party to:

use the Products for any unlawful, fraudulent, deceptive, or misleading purpose, or in violation of any applicable law or regulation;

use the Products to infringe, misappropriate, or violate the intellectual-property, privacy, publicity, or other rights of any third party;

upload, store, or transmit malware, viruses, or any code intended to disrupt, damage, or gain unauthorized access to any system or data;

attempt to gain unauthorized access to the Products, other accounts, or Tendy’s systems or networks, or circumvent any authentication, usage, or security control;

interfere with or disrupt the integrity or performance of the Products, including through excessive load, denial-of-service activity, or unauthorized automated access (scraping, crawling, or bulk extraction) except as expressly permitted by Tendy;

reverse engineer, decompile, or attempt to derive source code from the Products, or use the Products to build a competing product, as further described in Section 2.2 of the Agreement;

resell, sublicense, or provide the Products to third parties on a timesharing, service-bureau, or hosting basis except as expressly permitted in the Agreement; or

remove, alter, or obscure any proprietary notices within the Products.

2. Content and Commerce Standards

Merchant Content and any goods or services the Merchant sells through the Products must not:

be illegal to sell in the Merchant’s jurisdiction, or be sold in a manner that violates applicable law;

consist of content that is fraudulent, defamatory, obscene as defined by applicable law, or that exploits or endangers minors;

promote violence against, or harassment of, any individual or group; or

violate the terms, rules, or policies of any payment network or financial institution used to process the Merchant’s transactions.

Regulated and age-restricted products. Tendy’s Products may be used to sell lawfully regulated and age-restricted goods (for example, cannabis, tobacco/vaping, or alcohol) where permitted. The Merchant is solely responsible for holding and maintaining all licences, permits, and authorizations required for those goods, for verifying customer age and eligibility, and for complying with all applicable federal, provincial, state, and local regulations governing their sale, marketing, and recordkeeping. Tendy does not warrant that the Products ensure compliance with any such regulation.

3. Communications and Anti-Spam

Where the Merchant uses the Products to send electronic communications (including email or SMS), the Merchant must comply with Section 7.6 of the Agreement and all applicable anti-spam laws, including Canada’s Anti-Spam Legislation (CASL). The Merchant must ensure that each recipient has validly consented to receive the communications and that each message includes accurate sender identification and a functioning unsubscribe mechanism. The Merchant must not use the Products to send unsolicited bulk or commercial messages.

4. Account Security and Responsibility

The Merchant is responsible for all activity under its account, for maintaining the security of its credentials, and for the acts and omissions of its Users, as set out in Sections 2.3 and 9.3 of the Agreement. The Merchant must promptly notify Tendy of any suspected unauthorized access or security incident.

5. Enforcement

Tendy may investigate suspected violations of this Policy. Tendy may suspend access to the Products immediately and without notice where permitted under Section 6.3 of the Agreement (including for material security or legal risk, third-party-rights violations, or material breach), and may terminate immediately for licence violations under Section 6.2. Where practical and appropriate, Tendy will give the Merchant notice and an opportunity to cure, but is not required to do so where suspension is needed to protect the Products, other merchants, or third parties. The Merchant’s payment obligations continue during any suspension.

6. Reporting Violations

Suspected violations of this Policy may be reported to legal@tendypos.com. Reports of intellectual-property infringement are handled under the Tendy Infringement Policy at tendypos.com/legal/infringement.